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Legitimacy and legality in international law : an interactional account / Jutta Brunnée, Stephen J. Toope.

By: Contributor(s): Material type: TextSeries: Cambridge studies in international and comparative law (Cambridge, England : 1996)Publication details: Cambridge ; New York : Cambridge University Press, 2010.Description: xviii, 411 pages ; 24 cmISBN:
  • 9780521706834
  • 0521706831
Subject(s): LOC classification:
  • KZ1251 .B78 2010
Online resources:
Contents:
Introduction -- An interactional theory of international legal obligation -- Shared understandings : the underpinnings of law -- Interactional law and compliance : law's hidden power -- Climate change : building a global legal regime -- Torture : undermining normative ambition -- The use of force : normative ebb and flow -- Conclusion.
Summary: "It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate-change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed"--
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Books African Court on Human and Peoples' Rights Library KZ1251 .B78 2010 (Browse shelf(Opens below)) Available Donation by the International Law Book Facility (ILBF) 10199284

Includes bibliographical references (pages 358-387) and index.

Introduction -- An interactional theory of international legal obligation -- Shared understandings : the underpinnings of law -- Interactional law and compliance : law's hidden power -- Climate change : building a global legal regime -- Torture : undermining normative ambition -- The use of force : normative ebb and flow -- Conclusion.

"It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate-change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed"--

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